DENVER — A federal appeals court has issued a significant ruling saying that an employer’s concern over the use of restrooms by “transsexual” employees is legitimate, according to Alliance Defense Fund Senior Legal Counsel Brian Raum. Raum explained further that the court ruled that “transsexuals” do not qualify as a protected class under Title VII.
“The court delivered a significant legal punch to political special interest groups who are demanding that persons with Gender Identity Disorder be treated as though they were members of the opposite sex. The court correctly ruled that employers have a valid concern regarding their employees’ proper use of public restrooms,” said Raum.
The U.S. Court of Appeals for the 10th Circuit ruled Thursday that the Utah Transit Authority had a legitimate concern over a male employee’s restroom usage. Michael Etsitty, a male employee, had begun taking female hormone therapy and wearing women’s jewelry and makeup but still had male sex organs. UTA had liability concerns regarding the man’s use of women’s bathrooms.
A copy of Thursday’s ruling in
Etsitty v. Utah Transit Authority can be read at
www.telladf.org/UserDocs/UTADecision.pdf.
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